SIPRA MAITY Vs. GENERAL MANAGER, SOUTH EASTERN RAILWAY

JUDGEMENT

(1.) Since the fact as well as law involved in the three writ petitions are similar, all of them are taken up for consideration together and proposed to be disposed of by a common judgment.

(2.) The notice of eviction issued by the Divisional Engineer (HQ), South Eastern Railway, Kharagpur on 22/3/2023 is assailed in the writ petitions.

(3.) It is contended on behalf of the petitioners that plot of land was allotted in favour of the petitioners by the respondents by virtue of allotment letters issued in 1979 and the petitioners constructed shop rooms in the said plots at their own expenses. The respondents authority issued a notice upon the licensees on 31/12/1997 directing them to deliver vacant possession of the plot in question in favour of the authority and restore the same to its original state on the ground that the plot was required by the railways for expansion of station, circulating area, etc. The notice was impugned by the licensees and by an order passed on 12/5/1998 in W.P. 2997 of 1998, a co-ordinate Bench of this Court set aside the notice upon submission made by the Railway Authority before the Court that the notice be set aside with absolute liberty to the railways to seek recovery of possession of the property in question in accordance with law. Such liberty was granted to the respondents by the Court in the order. The petitioners have paid occupation charges/license fees to the authority till 2022 for the period 2022-23 prior to expiry of which the notice impugned was issued. Some of the petitioners applied for change of ownership of the plot allotted to them which was entertained by the authority which directed the petitioners to clear all outstanding dues including interest thereon and pay conversion charges equal to one year's occupation fee. Though the notice impugned was not served upon the petitioners in accordance with law, the respondents are trying to evict them from the plot in question on the anvil of such notice which is illegal and arbitrary. Learned counsel for the petitioners has placed reliance upon in South Bengal Automobiles and Ors v/s. Union of India and Ors. reported in Manu/WB/1230/2022; Panchkuian Road Refugee Vyapar Sangh and Ors. v/s Delhi Metro Rail Corporation and Ors. reported in 130 (2006) DLT 553; Senior Divisional Commercial Manager and Ors. v/s. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association and Ors. reported in (2016) 3 SCC 582; Dollar Industries Limited and Others v/s. Estate Officer, Kolkata Port Trust and Others reported in Manu /WB/0705/2021 in support of his contention.